[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3535 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3535

 To restore Federal recognition to the Ruffey Rancheria of California, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2017

 Mr. LaMalfa introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To restore Federal recognition to the Ruffey Rancheria of California, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ruffey Rancheria Restoration Act of 
2017''.

SEC. 2. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.

    (a) Federal Recognition.--Federal recognition is hereby restored to 
the Tribe. Except as otherwise provided in this Act, all laws and 
regulations of general application to Indians and nations, tribes, or 
bands of Indians that are not inconsistent with any specific provision 
of this Act shall be applicable to the Tribe and its members.
    (b) Restoration of Rights and Privileges.--Except as provided in 
subsection (d), all rights and privileges of the Tribe and its members 
under any Federal treaty, Executive order, agreement, or statute, or 
under any other authority which were diminished or lost under the Act 
of August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby 
restored, and the provisions of such Act shall be inapplicable to the 
Tribe and its members after the date of the enactment of this Act.
    (c) Federal Services and Benefits.--
            (1) In general.--Without regard to the existence of a 
        reservation, the Tribe and its members shall be eligible, on 
        and after the date of the enactment of this Act, for all 
        Federal services and benefits furnished to federally recognized 
        Indian Tribes or their members. For the purposes of Federal 
        services and benefits available to members of federally 
        recognized Indian tribes residing on a reservation, members of 
        the Tribe residing in the Tribe's service area shall be deemed 
        to be residing on a reservation.
            (2) Relation to other laws.--The eligibility on the part of 
        the Tribe and its members for, or receipt of, services and 
        benefits under paragraph (1) shall not be considered as income, 
        resources, or otherwise when determining the eligibility for or 
        computation of any payment or other benefit to such tribe, 
        individual, or household under--
                    (A) any financial aid program of the United States, 
                including grants and contracts subject to the Indian 
                Self-Determination Act; or
                    (B) any other benefit to which such tribe, 
                household, or individual would otherwise be entitled 
                under any Federal or federally assisted program.
    (d) Hunting, Fishing, Trapping, Gathering, and Water Rights.--
Nothing in this Act shall expand, reduce, or affect in any manner any 
hunting, fishing, trapping, gathering, or water rights of the Tribe and 
its members.
    (e) Certain Rights Not Altered.--Except as specifically provided in 
this Act, nothing in this Act shall alter any property right or 
obligation, any contractual right or obligation, or any obligation for 
taxes levied.

SEC. 3. TRANSFER OF LAND TO BE HELD IN TRUST.

    (a) Lands To Be Taken in Trust.--Upon application by the Tribe, the 
Secretary shall have the authority under this section to accept into 
trust for the benefit of the Tribe not more than 441 acres of real 
property located in Siskiyou County, California, after the property is 
conveyed or otherwise transferred to the Secretary and if, at the time 
of such conveyance or transfer, there are no adverse legal claims to 
such property, including outstanding liens, mortgages, or taxes.
    (b) Former Trust Lands of the Ruffey Rancheria.--Subject to the 
conditions specified in this section, real property eligible for trust 
status under this section shall include Indian owned fee land held by 
persons listed as distributees or dependent members in the distribution 
plan approved by the Bureau of Indian Affairs and published in the 
Federal Register on April 11, 1961, or such distributees' or dependent 
members' Indian heirs or successors in interest.
    (c) Lands To Be Part of the Reservation.--Any real property taken 
into trust for the benefit of the Tribe pursuant to this Act shall be 
part of the Tribe's reservation.
    (d) Lands To Be Nontaxable.--Any real property taken into trust for 
the benefit of the Tribe pursuant to this section shall be exempt from 
all local, State, and Federal taxation as of the date that such land is 
transferred to the Secretary.

SEC. 4. MEMBERSHIP ROLLS.

    (a) Compilation of Tribal Membership Roll.--Not later than 1 year 
after the date of the enactment of this Act, the Secretary shall, after 
consultation with the Tribe, compile a membership roll of the Tribe.
    (b) Criteria for Enrollments.--
            (1) Preconstitution roll.--Until a tribal constitution is 
        adopted pursuant to section 6, an individual shall be placed on 
        the Ruffey Rancheria membership roll if the individual is 
        living, is not an enrolled member of another federally 
        recognized Indian tribe, and if--
                    (A) such individual's name was listed on the Ruffey 
                Rancheria distribution list compiled by the Bureau of 
                Indian Affairs and approved by the Secretary and 
                published in the Federal Register on April 11, 1961, 
                under Public Law 85-671;
                    (B) such individual was not listed on, but met the 
                requirements that had to be met to be listed on the 
                Ruffey Rancheria distribution list;
                    (C) such individual is of Indian ancestry and 
                enumerated on any documents prepared by or at the 
                direction of the Bureau of Indian Affairs for the Etna, 
                Etna Mills, Fort Jones, Meamber, Ager, Bogus Creek, 
                Hornbrook, Cleveland, or Sunnyside Districts, Siskiyou 
                County, California, vicinities, or on any Federal 
                census for Etna, Etna Mills, or Etna Township, Siskiyou 
                County, California; or
                    (D) the individual is a lineal descendant of an 
                individual, living or dead, identified in subparagraph 
                (A), (B), or (C).
            (2) Roll after adoption of constitution.--After adoption of 
        a tribal constitution under section 6, such tribal constitution 
        shall govern membership in the Tribe.
    (c) Conclusive Proof of Ruffey Rancheria Ancestry.--For the purpose 
of subsection (b), the Secretary shall accept any available evidence 
establishing Ruffey Indian ancestry. The Secretary shall accept as 
conclusive evidence of Ruffey Indian ancestry information contained in 
the census of the Indians from Etna, Fort Jones, Meamber, Cleveland, or 
Sunnyside Districts, Siskiyou County, California, vicinities, prepared 
by or at the direction of Special Indian Agent C. E. Kelsey, in any 
roll or census of Etna, Etna Mills, Fort Jones, Ager, Bogus Creek, 
Hornbrook, or Salmon River Indians prepared by or at the direction of 
the Bureau of Indian Affairs or the U.S. Census, or in the Ruffey 
Rancheria distribution list compiled by the Bureau of Indian Affairs 
and approved by the Secretary and published in the Federal Register on 
April 11, 1961.

SEC. 5. INTERIM GOVERNMENT.

    Until a new tribal constitution and bylaws are adopted and become 
effective under section 6, the governing body of the Tribe shall be an 
Interim Council. The initial membership of the Interim Council shall 
consist of the members of the Executive Council of the Tribe on the 
date of the enactment of this Act, and the Interim Council shall 
continue to operate in the manner prescribed for the Executive Council 
under the tribal constitution of the Tribe adopted on December 19, 
2014, to the extent that such constitution is not contrary to Federal 
law. Any new members filling vacancies on the Interim Council shall 
meet the enrollment criteria set forth in section 4(b) and be elected 
in the same manner as are Executive Council members under the tribal 
constitution adopted December 19, 2014.

SEC. 6. TRIBAL CONSTITUTION.

    (a) Election; Time; Procedure.--After the compilation of the tribal 
membership roll under section 4, upon the written request of the 
Interim Tribal Council, the Secretary shall conduct, by secret ballot, 
an election for the purpose of ratifying a final constitution for the 
Tribe. The election shall be held consistent with sections 16(c)(1) and 
16(c)(2)(A) of the Act of June 18, 1934 (commonly known as the Indian 
Reorganization Act; 25 U.S.C. 5123(c)(1) and 5123(c)(2)(A), 
respectively). Absentee voting shall be permitted regardless of voter 
residence.
    (b) Election of Tribal Officials; Procedures.--Not later than 120 
days after the Tribe ratifies a final constitution under subsection 
(a), the Secretary shall conduct an election by secret ballot for the 
purpose of electing tribal officials as provided in such tribal 
constitution. Such election shall be conducted consistent with the 
procedures specified in subsection (a) except to the extent that such 
procedures conflict with the tribal constitution.

SEC. 7. LIMITATIONS ON INDIAN GAMING ON ACQUIRED LANDS.

    In addition to any other requirements under applicable Federal law, 
gaming conducted pursuant to an exception under section 20(b)(1)(b) of 
the Indian Gaming Regulatory Act (25 U.S.C. 2719) shall not be 
conducted on any land taken into trust by the United States for the 
benefit of the Tribe unless the Secretary determines, on the date that 
the land is taken into trust, that the Tribe--
            (1) has received a written determination by the Secretary 
        that the land is eligible to be used for gaming under section 
        20 of the Indian Gaming Regulatory Act; and
            (2) demonstrates--
                    (A) a substantial, direct, modern connection to the 
                land taken into trust; and
                    (B) a substantial, direct, aboriginal connection to 
                the land taken into trust.

SEC. 8. DEFINITIONS.

    For purposes of this Act:
            (1) Tribe.--The term ``Tribe'' means the Ruffey Rancheria 
        of California.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Interim council.--The term ``Interim Council'' means 
        the governing body of the Tribe specified in section 6.
            (4) Member.--The term ``member'' means any person meeting 
        the enrollment criteria under section 4(b).
            (5) State.--The term ``State'' means the State of 
        California.
            (6) Reservation.--The term ``reservation'' means those 
        lands acquired and held in trust by the Secretary for the 
        benefit of the Tribe pursuant to section 3.
            (7) Service area.--The term ``service area'' means the 
        counties of Siskiyou and Shasta, in the State of California.
            (8) Substantial, direct, modern connection to the land.--
        The term ``substantial, direct, modern connection to the land'' 
        means those lands within a 25-mile radius of land included in a 
        request by the Tribe under section 3(a) made within 5 years 
        following the date of the enactment of this Act.
            (9) Substantial, direct, aboriginal connection to the 
        land.--The term ``substantial, direct, aboriginal connection to 
        the land'' means those lands that the Secretary determines are 
        within a 25-mile radius of culturally significant sites to the 
        Tribe, the area in which the language of the Tribe was spoken; 
        or the historical presence of the Tribe on the land.
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